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Planning commission adds cigar- and hookah-lounge definitions; approves conditional use allowance in select commercial districts
Summary
Commissioners voted to add definitions and regulate cigar lounges and hookah lounges as conditional uses in general retail, commercial and mixed-use districts; sales of alcohol on premises were prohibited by staff recommendation, though BYOB arrangements were discussed as allowed under state rules.
The Forney Planning and Zoning Commission voted to amend the zoning ordinance to add definitions and regulations for cigar lounges and hookah lounges and to allow those uses by conditional use permit in general retail, commercial and mixed-use zoning districts.
Planning staff explained a cigar lounge would be an establishment deriving more than 50% of quarterly gross revenue from cigars sold for on-premises consumption, would prohibit access to persons under 21 and must either occupy a standalone building or operate a separate air-ventilation system to prevent smoke migration into other occupiable spaces under the International Building Code. Hookah lounges were drafted as a distinct defined use with similar physical and age restrictions.
City staff said the proposed approach treats the uses as conditional so each proposed location comes before the commission and city council for case-specific conditions. Staff noted the uses would be prohibited in the city’s Central Business District (downtown core), in Neighborhood Service, and in office districts; the commission motion approved the uses only in the general retail, commercial and mixed-use districts. Chair Lemons said the commission retains the authority to deny any conditional use based on location-specific factors.
Commissioners and staff discussed alcoholic beverage rules. City legal staff, Mr. Thatcher, noted that BYOB (bring-your-own-beverage) practices are governed by the Texas Alcoholic Beverage Commission and that the city’s regulation would prohibit on-premises retail alcohol sales for these establishments; BYOB allowances would follow state licensing rules. Commissioners also asked whether off-duty law enforcement or security could be required as a condition of a conditional use permit; staff confirmed that could be imposed as a condition.
The commission approved the ordinance amendment by voice vote. No specific location was under review at the meeting; the ordinance establishes a process and standards for future conditional-use applications.
